Follow our firm on:

Free consultation:

847-255-9925

Menu
Search

Illinois now offers marriage to same-sex couples

Illinois now offers marriage to same-sex couples

Gay marriage has been legal in Illinois since June 1, 2014.

On June 1, 2014, Illinois became the 16th U.S. state in which same-sex couples can legally marry. While some states were ordered by courts to recognize same-sex marriage as legal, in Illinois it was accomplished through the legislative process.

The Illinois same-sex marriage bill

The Illinois Religious Freedom Protection and Marriage Fairness Act passed both houses of the state legislature in November 2013 after a long legislative battle. The bill was signed into law by Gov. Pat Quinn, a long-time proponent of marriage equality.

The governor issued a press release about the matter, as did President Barack Obama, in which the president congratulated his former colleagues in the Illinois General Assembly for their actions.

The law mandates that any state law affecting marriage must apply with equal force to same-sex couples and different-sex couples alike, as well as to their children.

This means that a same-sex marriage will be dissolved through the same divorce laws and procedures that apply to different-sex marriages, including those controlling alimony, child support and custody, property division and more.

Illinois civil unions

When the law was enacted, civil unions were already legal in the state for both same- and opposite-sex couples. The Illinois civil union law by its terms makes civil unions equivalent to marriages in “obligations, responsibilities, protections, and benefits.”

Although some other states have handled this situation differently, the Illinois law does not automatically convert civil unions to marriages. Civil unions remain a legal option for all couples, but the new law provides a voluntary mechanism for converting pre-existing civil unions to marriages.

Recognition of out-of-state same-sex unions

According to state law, the state of Illinois must recognize as legal same-sex marriages (except common law marriages) and civil unions from other jurisdictions, as well as “substantially similar legal relationship[s],” which presumably means certain domestic partnerships and similar arrangements allowed elsewhere.

Legal counsel important

An Illinois same-sex couple may have good reason to seek legal counsel from an experienced family lawyer who is familiar with provisions of the new law and legal matters facing same-sex couples. For example, legal problems can arise should they travel to states that do not recognize the Illinois marriage such as issues connected with parenthood, property ownership, medical visitation and decision making, and more.

Similarly, an Illinois resident contemplating divorce from a same-sex marriage should speak with a knowledgeable Illinois divorce attorney for help navigating the same system that has applied to different-sex marriages all along.

Providing Law Solutions In An Equitable & Cost-Effective Manner

Contact sam law office llc

Need Our Help? Get Your Free Consultation!

  • Office Location: 3601 Algonquin Road Suite 325 Rolling Meadows, Illinois 60008
  • Phone Number: 847-255-9925
  • Fax Number: 224-735-3357

Attorney Advertising. This website Is designed for general Information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Testimonials are not a guarantee, warranty, or prediction of the outcome of your case.

NUVEW | Copyright 2017. All Rights Reserved